304 Proceeding Against Multiple Class Application or Registration
When a notice of opposition is filed with respect to an application which contains goods and/or services in multiple classes [ Note 1.] or a petition for cancellation is filed with respect to a registration which contains goods and/or services in multiple classes, the class or classes opposed, or sought to be cancelled, should be specified in the plaintiff’s pleading. In addition, the required opposition or cancellation fee must be submitted for each party joined as plaintiff for each class sought to be opposed or cancelled. [ Note 2.] See TBMP § 308.04. If there are insufficient fees accompanying the complaint to oppose or cancel registration in at least one class, the proceeding will not be instituted. If there are sufficient fees to pay for one or more of the designated classes, but less than sufficient to pay for all the designated classes, or to pay for all party opposers or petitioners, the proceeding will be instituted and the fee(s) submitted will be applied in the manner set forth in 37 CFR § 2.101(d)(3)(ii) -37 CFR § 2.101(d)(3)(iii). The institution notice will identify the parties and classes for which the required fees were submitted. See TBMP § 308 for information on filing fees. For information about dividing a multi-class application where not all classes are opposed, or dividing an application where not all goods in the opposed class(es) are opposed, see TBMP § 516. [ Note 3.]
NOTES:
1. See 37 CFR § 2.86.
2. See 37 CFR § 2.101(d) and 37 CFR § 2.111(c).
3. See also TMEP § 1110 et. seq. Cf. TMEP § 1403.03.